Mechanically, the Act inserts a new Part 5.3A into the Criminal Code (sections 110.1–114.4) that: (a) creates a legal process to list a foreign state entity as a “state sponsor of terrorism” (see s110.3); (b) creates a set of criminal offences tied to state terrorist acts and dealings with listed state sponsors (Divisions 111–113); and (c) makes a broad set of consequential amendments across many Commonwealth laws so those new offences interact with existing counter‑terror powers and other statutes (Schedules 2–3). The Act also amends some sentencing and symbol offences (Schedule 4).
The government (through the AFP Minister) proposes a listing by regulation, the Foreign Affairs Minister must give written agreement, and the Leader of the Opposition must be briefed before a regulation is made (s110.3(3),(5)). The Governor‑General makes the regulation that specifies the listed entity. The AFP Minister can later make a notifiable declaration to delist or may amend the name of a listed entity by legislative instrument (s110.4–110.6).
The new criminal offences cover: engaging in or planning a state terrorist act (offences with maximum penalties up to life imprisonment — e.g. s111.2, s111.6); providing/receiving training, possessing items or documents connected with state terrorist acts (s111.3–111.5); support, recruitment, membership, directing activities, funding or associating with a state sponsor of terrorism (Division 112); and financing offences (Division 113). Many offences apply extraterritorially (s114.2) and may be prosecuted even if the particular terrorist act never occurs (see, e.g., s111.6(3), s113.1(2)).
The Criminal Code Amendment (State Sponsors of Terrorism) Act 2025, now Act No. 60 of 2025, received royal assent on 6 November 2025 after passing both houses. It inserts a new Part 5.3A into the Criminal Code Act 1995 through Schedule 1. This Part comprises Divisions 110 to 114 and establishes a framework for prescribing foreign state entities as state sponsors of terrorism via regulations made by the Governor-General. Proposed section 110.3 requires the AFP Minister to be satisfied on reasonable grounds that the entity is a foreign state entity and that it or a member has engaged in, prepared, planned, assisted in or fostered a terrorist act targeted at Australia, or has advocated such an act. The Foreign Affairs Minister must agree in writing and the Leader of the Opposition must be briefed before any regulation is made. Schedule 2 amends Part 5.3 of the Criminal Code so that control orders under Division 104, preventative detention orders under Division 105 and post-sentence orders under Division 105A apply to state terrorist acts and state sponsors of terrorism. It also updates definitions of serious Part 5.3 or 5.3A offence in the Crimes Act 1914, Surveillance Devices Act 2004 and Telecommunications (Interception and Access) Act 1979. Schedule 3 makes consequential changes to twenty Acts, including expanding the definition of prohibited terrorist organisation symbol in section 80.2E of the Criminal Code to cover symbols used by state sponsors of terrorism, inserting an exception to foreign state immunity in the Foreign States Immunities Act 1985 for proceedings concerning state terrorism, and updating references in the Australian Citizenship Act 2007, Australian Passports Act 2005 and Intelligence Services Act 2001. Schedule 4 contains technical amendments to sentencing provisions in the Crimes Act 1914 and consistency changes to Division 80 of the Criminal Code. Schedules 1 to 3 commence on a day fixed by proclamation or are repealed if not commenced within six months of assent. Schedule 4 commenced the day after assent.
Official source available
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Amends the Criminal Code Act 1995 to: provide for a framework to list foreign state entities as state sponsors of terrorism and to respond to state-sponsored terrorist acts; and enable control orders, preventative detention orders and post sentence orders to be used in respect of state sponsors of terrorism and state terrorist acts. Also makes consequential amendments to 20 Acts.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
08 Oct 2025
Second reading moved
08 Oct 2025
Second reading debate
28 Oct 2025
Referred to Federation Chamber
28 Oct 2025
Second reading debate
28 Oct 2025
Consideration in detail debate
28 Oct 2025
Reported from Federation Chamber
29 Oct 2025
Third reading agreed to
29 Oct 2025
Senate
Introduced and read a first time
29 Oct 2025
Second reading moved
29 Oct 2025
Second reading debate
05 Nov 2025
Second reading debate
06 Nov 2025
Second reading agreed to
06 Nov 2025
Committee of the Whole debate
06 Nov 2025
Third reading agreed to
06 Nov 2025
Finally passed both Houses
06 Nov 2025
Assent
Act no: 60
Year: 2025
06 Nov 2025
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Addendum to explanatory memorandum
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Some elements are strict liability or treat certain matters as not requiring proof of knowledge (see s111.2(2) and many subsections marked “strict liability applies”). Several defences and narrow exceptions are included (for example: legal work, certain humanitarian or UN/ICRC duties — see s112.5(4), s112.8, s113.3). In multiple places the defendant bears an evidential or, in a few cases, a legal burden to prove an exception (see notes to s111.4(5), s111.5(5), s112.2(2), s112.5(4)).
The Attorney‑General’s written consent is required before proceedings for offences in Divisions 111–113 can be commenced (s114.4(1)); however arrests/charges may be made before consent is given (s114.4(2)).
Existing counter‑terror powers — control orders, preventative detention orders and post‑sentence orders — are explicitly extended to cover state terrorist acts and state sponsors (see the new references added by Schedule 2, e.g. new s104.1A and amendments to Divisions 104, 105 and 105A).
The Act removes a civil immunity barrier for foreign states in proceedings relating to “state terrorism” by inserting section 13A in the Foreign States Immunities Act 1985 (item 49, Schedule 3), so foreign states are not immune for proceedings that concern state terrorism.
Who is affected
Foreign state entities and their members who are specified by regulation as state sponsors of terrorism (s110.3). If specified, those entities (and persons who assist them) can be the subject of criminal offences and civil proceedings in Australia (s114.1; item 49, Schedule 3).
Australian citizens and permanent residents: many offences are triggered if the defendant is an Australian citizen or permanent resident, or if the terrorist act is targeted at Australia (see s111.2(1), and the repeated “either (i)–(ii)” formulation across Divisions 111–113).
Individuals and organisations that deal with listed entities (banks, companies, foreign business partners, NGOs, humanitarian organisations, legal practitioners) will face compliance risks and possible criminal liability if their dealings meet the statutory elements (see Divisions 112–113 and the defences in s112.8 and s113.3).
Commonwealth enforcement agencies (AFP, AG’s office) and ministers (AFP Minister, Foreign Affairs Minister, Attorney‑General) — they decide listings, delistings, and whether prosecutions proceed (ss110.3, 110.5, 114.4).
Why it matters (practical effects and trade‑offs)
It creates a new state‑actor track alongside the existing terrorist organisation law. Mechanically this brings foreign state actors within the Criminal Code’s counter‑terror framework (new Part 5.3A; see s110.3 and Division 111–113).
Decision‑making and discretion: listing is driven by executive Ministers rather than the courts. The AFP Minister must be satisfied on reasonable grounds and must obtain the Foreign Affairs Minister’s written agreement before the Governor‑General can make a regulation (s110.3(3),(5)). That concentrates the initial decision in the executive branch and embeds diplomatic input (s110.3(5)(a)).
Enforcement and prosecution are centrally controlled: the Attorney‑General’s written consent is required before proceedings may be commenced (s114.4(1)). This adds an additional gate in the prosecution pipeline and imports national security and foreign relations considerations into charging decisions.
Compliance and private costs: the Act creates criminal liability (including very high maximum penalties) for a broad range of conduct that can arise in ordinary commercial, humanitarian, legal or personal interactions with a listed state‑entity or its members. Banks, charities, law firms, contractors and other businesses that deal with foreign governments will likely increase due diligence, restrict dealings, and incur legal/compliance costs to manage the risk (Divisions 112–113; see also s112.8 for narrow exceptions).
Legal uncertainty and burdens on defendants: the Act contains strict liability elements and shifts evidential/legal burdens onto defendants for some exceptions (e.g. a defendant must prove certain exceptions or take steps to cease membership; see s111.4(5) note, s112.2(2), s112.5(4)). The Parliamentary Scrutiny Committee and others raised concerns about reversed burdens and impacts on expression and rights.
Humanitarian activity and service delivery: the stated defences for humanitarian activity are narrow (explicit UN agencies and ICRC protection in s112.8 and s113.3), and civil society actors (ACFID, Save the Children, Australian Red Cross) have flagged that the exemptions may be insufficiently broad to protect routine humanitarian operations in environments where state actors are present. The Act leaves the scope of permissible humanitarian engagement relatively constrained.
Extraterritorial reach and corporate liability: offences apply beyond Australia’s borders (s114.2), and corporate liability rules are extended so that foreign state entities that are legal persons can be treated as committing offences (s114.1(1)–(2)). This increases legal exposure for multinational companies and financial intermediaries with global operations.
Diplomatic and foreign‑relations costs: naming a foreign state entity as a state sponsor of terrorism (and allowing civil proceedings against it) is an action with clear diplomatic consequences. The Act builds in Foreign Affairs Minister agreement (s110.3(5)(a)), but listing and prosecution still create the risk of retaliatory measures, trade or consular complications, and enforcement difficulties.
Key implementation levers to watch (sections cited)
Who decides and how: AFP Minister satisfaction on reasonable grounds and Foreign Affairs agreement (s110.3(3),(5)); Governor‑General makes regulations.
Changing or removing names: AFP Minister may amend regulations by legislative instrument to add aliases (s110.4).
Delisting: AFP Minister may make a notifiable declaration after consulting Foreign Affairs (s110.5(1),(4)). Applications for delisting may be made by the PJCIS or the foreign country (s110.6).
Parliamentary oversight of the legislative instrument: the PJCIS may review the regulations and report (s110.7).
Prosecution gate: Attorney‑General’s written consent required (s114.4).
Extension of control/preventative/post‑sentence orders to state terrorist acts (Schedule 2: new s104.1A; amendments to Divisions 104, 105, 105A).
Civil liability: foreign state immunity exception for state terrorism inserted into the Foreign States Immunities Act (item 49, Schedule 3).
Costs, incentives and likely behavioural effects (concise)
Who pays: individuals (criminal penalties), civil plaintiffs and defendants (litigation costs), businesses and NGOs (compliance and risk mitigation costs), and taxpayers (enforcement, legal advice, diplomatic measures).
Who decides: AFP Minister, Foreign Affairs Minister (agreement), Governor‑General (regulations), Attorney‑General (prosecution consent). These actors determine listings, delistings, and whether to prosecute (ss110.3, 110.5, 114.4).
Behaviour changes: banks and service providers will raise compliance checks and may refuse dealings; NGOs may alter operations or seek narrow exemptions; individuals will avoid knowingly associating with listed entities; foreign states may respond diplomatically or change behaviour to avoid being listed.
Implementation risks and trade‑offs
Risk of under‑ or over‑inclusiveness in listing decisions: “reasonable grounds” is the statutory threshold (s110.3(3)), which requires balancing intelligence secrecy with legal sufficiency. Errors in listing are hard to reverse quickly (delisting requires an AFP Minister declaration; s110.5).
Political/diplomatic discretion vs. legal predictability: ministerial control increases speed and executive flexibility but reduces judicial or parliamentary adjudication of the listing decision.
Freedom of expression and association issues: the law extends prohibitions and symbol offences to state sponsors (amendment to s80.2E; Schedule 3), and contains provisions that may affect ordinary speech or lawful association; the Act expressly preserves implied freedom of political communication to the extent applicable (see s112.7(6) and related notes), but scrutiny bodies raised concerns about freedome of expression and mandatory minimum sentences.
Narrow humanitarian/legal exemptions: the Act protects certain UN/ICRC activity and narrow legal work (s112.8(1)(e); s112.5(4)), but broader humanitarian exemptions sought by NGOs were not fully included and remain an implementation risk for aid organisations.
Bottom line (mechanics before rationale)
Mechanically, the Act adds a statutory listing route for foreign state actors, creates new criminal offences and severe penalties tied to those listings, extends pre‑existing counter‑terror measures to apply to state actors, and removes foreign‑state immunity for proceedings concerning “state terrorism”. The government’s stated purpose is to close a legal gap that previously prevented state actors from being treated like non‑state terrorist organisations; the Act implements that aim while concentrating important listing, prosecutorial and delisting discretions in Ministers and the Attorney‑General (see ss110.3, 110.5, 114.4). The trade‑offs are concentrated benefits in executive flexibility and perceived deterrence versus diffuse costs of compliance, legal uncertainty, constrained humanitarian work, potential speech/association impacts, and diplomatic risk (see Divisions 111–113; s110.3; s112.8; item 49 Schedule 3).
Main concepts
The Act introduces the concept of a foreign state entity, defined in section 110.1 to include the government or an authority of a foreign country or part of a foreign country, plus any entity prescribed by regulation. A state sponsor of terrorism is an entity specified by regulation under section 110.3 once the AFP Minister is satisfied of the required conduct or advocacy in relation to a terrorist act targeted at Australia. A terrorist act retains the elements in section 100.1 but is now also defined for Part 5.3A purposes in section 110.1, excluding advocacy, protest, dissent or industrial action that does not intend serious harm, and conduct associated with an international armed conflict. A state terrorist act is a terrorist act engaged in by a state sponsor of terrorism or its member, whether alone or with others, per section 111.1. The concept of a terrorist act targeted at Australia in section 110.2 covers acts done in Australia, acts harming Australian citizens or permanent residents, acts damaging Commonwealth or state property, or acts intended to coerce an Australian government or intimidate the Australian public. Membership of an entity is defined broadly in section 110.1 to include employees, contractors, statutory appointees, military or police personnel and authorised intermediaries. The Act creates parallel offences for engaging in state terrorist acts, providing training or possessing things connected with them, and dealings such as directing activities, recruiting, funding or associating with a state sponsor of terrorism. Corporate criminal responsibility provisions in sections 12.2 to 12.6 of the Criminal Code apply to foreign state entities that are legal persons. Extended geographical jurisdiction category D applies to all new offences under section 114.2, allowing prosecution for conduct anywhere in the world. The Attorney-General's written consent is required to commence proceedings under section 114.4, although arrest and charge may occur beforehand.
Who it affects
The Act directly affects foreign state entities and their members, including governments, authorities, military forces and police forces of foreign countries, when those entities are prescribed as state sponsors of terrorism. Australian citizens and permanent residents who engage in state terrorist acts, provide or receive training connected with them, possess things or documents facilitating them, or perform any preparatory act face liability under Divisions 111, 112 and 113 regardless of where the conduct occurs. Organisations and individuals who direct, recruit for, train with, fund, support or associate with a prescribed state sponsor of terrorism are also covered, subject to specific exceptions for legal practitioners, family associations, religious practice, humanitarian aid and legal representation. Public officials performing duties for the Commonwealth, states, territories or certain foreign governments, the United Nations or the International Committee of the Red Cross receive defences under sections 112.8 and 113.3. The Parliamentary Joint Committee on Intelligence and Security gains an explicit review role over regulations specifying state sponsors of terrorism and related legislative instruments under section 110.7. Law enforcement agencies, including the Australian Federal Police, gain access to control orders, preventative detention orders and post-sentence orders in relation to state terrorist acts through the amendments in Schedule 2. Courts must apply the new offences and the expanded definition of prohibited terrorist organisation symbols when dealing with public display or trading offences under sections 80.2HA and 80.2JA. Foreign states lose immunity from Australian civil jurisdiction in proceedings concerning state terrorism under the new section 13A of the Foreign States Immunities Act 1985. Individuals and entities subject to existing sanctions or visa regimes may face additional consequences if linked to a prescribed state sponsor of terrorism.
What people will want to know
The framework allows the Governor-General to list entities such as the Islamic Revolutionary Guard Corps as state sponsors of terrorism if the AFP Minister is satisfied they engaged in or advocated a terrorist act targeted at Australia, with the Foreign Affairs Minister's agreement and an Opposition briefing. Once listed, a wide range of conduct becomes criminal, including engaging in a state terrorist act, which carries a maximum penalty of life imprisonment under section 111.2. Preparatory offences such as providing training connected with state terrorist acts carry up to 25 years imprisonment when committed knowingly, or 15 years when committed recklessly. Membership of a state sponsor of terrorism is punishable by up to 10 years imprisonment, with a defence available if the person took all reasonable steps to cease membership as soon as practicable. Associating with a member of a state sponsor of terrorism on two or more occasions with intent to support the entity is punishable by up to three years imprisonment, subject to exceptions for family, religious practice, humanitarian aid and legal advice. Financing a state terrorist act targeted at Australia or a person involved in such an act carries life imprisonment under Division 113. The Attorney-General must consent to any prosecution, providing a safeguard for foreign relations considerations. Control orders, preventative detention orders and post-sentence orders can now be sought against individuals involved in state terrorist acts or state sponsors of terrorism. Symbols used by a state sponsor of terrorism to identify itself are prohibited terrorist organisation symbols, with public display carrying a maximum five years imprisonment and a mandatory minimum of 12 months in some cases. The Act does not prevent subsequent delisting of an entity if the AFP Minister is satisfied it is no longer appropriate for the entity to remain specified.
Status and what happens next
The Act received royal assent on 6 November 2025 and is now law. Schedules 1 to 3, containing the main framework and most consequential amendments, commence on a single day to be fixed by proclamation. If no proclamation is made within six months of assent, those schedules are repealed and never commence. Schedule 4, containing technical sentencing and symbol offence consistency amendments, commenced on 7 November 2025. Regulations specifying the first state sponsor of terrorism may now be made once the AFP Minister obtains the required agreement and completes the Opposition briefing. The Parliamentary Joint Committee on Intelligence and Security may review any such regulation or related legislative instrument at any time and report to both houses. Existing scrutiny committee reports, including the Senate Standing Committee for the Scrutiny of Bills Digest 6 of 2025 and the Parliamentary Joint Committee on Human Rights Report 6 of 2025, remain on the public record. The Federal Register of Legislation contains the official electronic version of the Act. No further parliamentary stages are required. Implementation will involve consultation with states and territories on the proposed amendments before commencement, as noted in the explanatory materials.
Powers, duties and rights created
The AFP Minister gains the power under section 110.3 to recommend that the Governor-General prescribe a foreign state entity as a state sponsor of terrorism after satisfying the statutory preconditions and obtaining the Foreign Affairs Minister's written agreement. The AFP Minister may also make legislative instruments under section 110.4 to add aliases or remove former names of listed entities. The AFP Minister may make a notifiable instrument declaration under section 110.5 that an entity should no longer be specified, following consultation with the Foreign Affairs Minister, either on application from the Parliamentary Joint Committee on Intelligence and Security or the relevant foreign country, or on the Minister's own initiative. The Parliamentary Joint Committee on Intelligence and Security has the function under section 110.7 to review listing regulations and related instruments and to report comments and recommendations to Parliament, with extended disallowance periods when reports are tabled late in the disallowance window. The Attorney-General holds the duty to provide written consent before proceedings for any offence in Divisions 111, 112 or 113 may commence. Foreign states lose the right to claim immunity from Australian civil jurisdiction in proceedings concerning state terrorism under new section 13A of the Foreign States Immunities Act 1985. Individuals gain specific defences and exceptions, including the right to associate with close family members on domestic matters, to provide humanitarian aid, and to receive legal representation without committing association or funding offences. Courts gain jurisdiction to make control orders, preventative detention orders and post-sentence orders in relation to state terrorist acts and to impose the new mandatory minimum sentences for certain symbol offences. The Act creates no new rights of compensation or review for individuals affected by listing decisions beyond existing judicial review avenues.
Money, penalties and enforcement
Maximum penalties range from three years imprisonment for the basic association offence under section 112.7 to life imprisonment for engaging in a state terrorist act under section 111.2, directing activities of a state sponsor of terrorism under section 112.1 when committed knowingly, recruiting under section 112.3, providing support under section 112.6, and financing offences under Division 113. Reckless commission of several offences attracts lower maximum penalties, such as 15 years for reckless training or funding offences. Corporate criminal responsibility provisions apply to foreign state entities that are legal persons, with liability flowing to the parent legal person where a non-person part of the entity commits an offence. The Attorney-General's consent requirement applies before any prosecution may commence, although arrest, charge and bail proceedings may occur earlier. Extended geographical jurisdiction category D applies, enabling prosecution for conduct occurring wholly outside Australia. Mandatory minimum sentences of 12 months imprisonment apply to the public display of prohibited terrorist organisation symbols under section 80.2HA when the symbol relates to a state sponsor of terrorism. No new financial penalties or civil remedies are created beyond existing mechanisms. Enforcement will rely on existing Australian Federal Police investigative powers, now supplemented by the ability to seek control orders and preventative detention orders in relation to state terrorist acts. The Act does not appropriate any specific funding or establish new enforcement agencies.
Pressure points and controversies
The Senate Standing Committee for the Scrutiny of Bills raised concerns about the potential impact on personal rights and liberties, including freedom of expression through the expanded prohibited symbol offences, reversal of the evidential burden in relation to association and funding exceptions, and the use of delegated legislation to list state sponsors of terrorism. The Parliamentary Joint Committee on Intelligence and Security recommended an amendment to extend its monitoring functions under the Intelligence Services Act 2001 to the new Part 5.3A, but the amendment was not agreed to in the House of Representatives. The Opposition supported the Bill but criticised the limited time provided for committee scrutiny and the short period allowed for stakeholder submissions. Stakeholder submissions to the Parliamentary Joint Committee on Intelligence and Security from the Australian Council for International Development and Save the Children Australia sought broader humanitarian exemptions consistent with United Nations Security Council resolutions, while the Australian Red Cross Society noted that the International Committee of the Red Cross exemption does not extend to other Red Cross entities. The Attorney-General's Department acknowledged the need for careful consideration of humanitarian carve-outs to avoid unintended protection for malicious actors. Legal and policy trade-offs include balancing the extension of extraordinary powers such as control orders and preventative detention orders to state actors against the risk of overbreadth, and weighing the requirement for Attorney-General consent as a foreign relations safeguard against potential delays in prosecution. The Act preserves concurrent operation of state and territory laws under section 110.8 while providing a double jeopardy protection where punishment has already been imposed under state law.
What changes if it passes
Once the proclamation is made and Schedules 1 to 3 commence, the Criminal Code will contain a parallel regime to the existing terrorist organisation provisions that specifically addresses foreign state entities. The Australian Federal Police and prosecutors will be able to investigate and charge individuals for state terrorist acts and dealings with state sponsors of terrorism using the new offences in Divisions 111 to 113. Courts will be able to issue control orders, preventative detention orders and post-sentence orders against persons involved in state terrorist acts or state sponsors of terrorism. The definition of prohibited terrorist organisation symbol will include symbols used by state sponsors of terrorism, expanding the scope of public display and trading offences. Foreign states will no longer enjoy immunity from Australian civil jurisdiction in proceedings concerning state terrorism. Australian citizens and permanent residents will be subject to the new offences for conduct anywhere in the world, subject to the Attorney-General's consent requirement. Entities listed as state sponsors of terrorism may be delisted by notifiable instrument if the AFP Minister is satisfied it is no longer appropriate for them to remain specified. The Parliamentary Joint Committee on Intelligence and Security will be able to review listing regulations and report to Parliament. Existing references to terrorist acts and terrorist organisations in twenty other Acts will be read to include state terrorist acts and state sponsors of terrorism, ensuring consistent treatment across Commonwealth legislation. If no proclamation is made within six months, the main provisions will be repealed and the status quo under the existing Part 5.3 framework will continue without the new state sponsor regime.
Social post angles
New state sponsor of terrorism regime now law: The Criminal Code Amendment (State Sponsors of Terrorism) Act 2025 creates a dedicated Part 5.3A allowing the listing of foreign state entities that engage in or advocate terrorist acts targeted at Australia. IRGC listing pathway clarified: Regulations can now prescribe entities such as the Islamic Revolutionary Guard Corps once the AFP Minister is satisfied of conduct linked to the 2024 antisemitic attacks and obtains required ministerial agreement. Life imprisonment for state terrorist acts: Engaging in a state terrorist act or financing one targeted at Australia carries the maximum penalty of life imprisonment under the new Divisions 111 and 113. Control orders extended to state actors: Australians involved with listed state sponsors of terrorism can now be subject to control orders, preventative detention orders and post-sentence orders previously limited to non-state terrorist organisations. Symbol offences broadened: Public display of symbols used by a state sponsor of terrorism becomes a prohibited terrorist organisation symbol offence with a five-year maximum and mandatory minimum sentence in some cases. Humanitarian and legal defences preserved: Specific exceptions protect family associations, religious practice, humanitarian aid, legal representation and official duties for the United Nations and International Committee of the Red Cross. PJCIS review role confirmed: The Parliamentary Joint Committee on Intelligence and Security may examine any regulation listing a state sponsor of terrorism and report its findings to both houses of Parliament. Double jeopardy and state law interaction: The Act ensures concurrent operation with state and territory laws while preventing double punishment where a person has already been dealt with under state legislation.
Proposed amendments
House of representatives
Detail - Opposition
WALLACE, Andrew, MP
Senate
2R - Independent [sheet 3502]
THORPE, Sen Lidia
CW - Australian Greens [sheet 3480]
FARUQI, Sen Mehreen
Schedules of amendments
Schedule of unresolved question in the Federation Chamber
Bills digest
Bills Digest
Notes
Referred to Committee (08/10/2025): Parliamentary Joint Committee on Intelligence and Security; Committee report (28/10/2025)
Considered by scrutiny committee (29/10/2025): Parliamentary Joint Committee on Human Rights; Report 6 of 2025
Considered by scrutiny committee (29/10/2025): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 6 of 2025
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
The Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025 (the Bill) establishes a new framework within the Criminal Code to allow the Governor‑General, on advice of the relevant AFP Minister, to list foreign state entities (meaning foreign governments or related authorities) as state sponsors of terrorism.
For an entity to be prescribed as a state sponsor of terrorism, a range of conditions must be satisfied including that the AFP Minister is satisfied that the entity is a foreign state entity which has directly or indirectly engaged in conduct regarding the preparation of a terrorist act targeted at Australia.
Additionally, the AFP Minister must obtain the Foreign Affairs Minister’s agreement to the entity being listed and must arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
The introduction of the Bill comes after the Australian Security Intelligence Organisation publicly revealed that the Iranian Government had directed at least two antisemitic attacks in Australia in 2024.
The Bill provides for a range of new offences including:
engaging in state terrorist acts
offences relating to state terrorist acts, including providing or receiving training connected with state terrorist acts, collecting or making documents likely to facilitate state terrorist acts, or any other act done in preparation for state terrorist acts and
offences relating to membership, recruitment, training, funding, providing support, associating with, or directing activities of a state sponsor of terrorism.
The Parliamentary Joint Committee on Intelligence and Security has issued an advisory report on the Bill, recommending an amendment (discussed below) and that the Bill be passed.
The Senate Standing Committee for the Scrutiny of Bills raised concerns in relation to the Bill’s potential impact on personal rights and liberties, including freedom of expression, reversal of the burden of proof and the reliance on delegated legislation.
Introductory Info
Date of introduction: 2025-10-08
House introduced in: House of Representatives
Portfolio: Attorney-General
Commencement: Schedules 1-3 will commence by Proclamation to ‘allow sufficient time for the Commonwealth to consult the states and territories on [the proposed] amendments’ (p. 24). However, if those schedules do not commence within 6 months of Royal Assent, the provisions are repealed on the day after the end of that period and will not commence at all. Schedule 4, which contains unrelated amendments will commence on the day after Royal Assent.
Purpose of the Bill
The purpose of the Criminal Code Amendment (State Sponsors of Terrorism) Bill 2025 (the Bill) is to amend the Criminal Code Act 1995 to establish a framework to list foreign state entities as state sponsors of terrorism and respond to state sponsored terrorist acts, and to make consequential amendments to a range of Commonwealth legislation.
Structure of the Bill
The Bill is comprised of 4 schedules:
Schedule 1 inserts proposed Part 5.3A into the Criminal Code to deal with state sponsors of terrorism and state terrorist acts, including prescribing offences connected with state terrorist acts and dealings with a state sponsor of terrorism
Schedule 2 amends Part 5.3 of the Criminal Code to provide that orders available under Divisions 104 (control orders), 105 (preventative detention orders) and 105A (post‑sentence orders) are available in respect of state sponsors of terrorism and state terrorist acts. Schedule 2 also makes consequential amendments to other Commonwealth legislation to give effect to the extended application of Part 5.3 orders to new Part 5.3A
Schedule 3 makes consequential amendments to several Commonwealth laws to ensure consistency in the treatment of terrorist organisations and terrorist acts and state sponsors of terrorism and state terrorist acts across Commonwealth legislation
Schedule 4 makes technical amendments to the operation of sentencing provisions in the Crimes Act 1914 and amends Division 80 of the Criminal Code to ensure consistency in the way in which the prohibited terrorist organisation symbols offences operate.
Background
On 26 August 2025, Prime Minister Anthony Albanese announced at a press conference that there was enough credible intelligence to conclude that the Iranian Government directed at least two antisemitic attacks against Australia's Jewish community:
the 20 October 2024 attack on the Lewis’ Continental Kitchen, Sydney and
the 6 December 2024 attack on the Adass Israel Synagogue, Melbourne.
According to Director-General of Security Mike Burgess, investigation by the Australian Security Intelligence Organisation (ASIO) uncovered links between the alleged crimes and Iran's Islamic Revolutionary Guard Corps (IRGC). ASIO found that the IRGC ‘used a complex web of proxies to hide its involvement’. He added that while ASIO was still investigating possible Iranian involvement in other attacks, it did not believe the regime was responsible for every act of antisemitism in Australia.
Consequently, the Government:
withdrew Australia’s Ambassador to Iran and suspended operations at Australia’s embassy in Tehran
expelled the Iranian ambassador to Australia and three additional Iranian diplomats (although it has been reported that a small group of staff remain working at the Iranian embassy)
announced that it would introduce legislation allowing it to list the IRGC as a terrorist organisation.
In 2022-23, the Senate Foreign Affairs, Defence and Trade Committee had undertaken an Inquiry into human rights implications of recent violence in Iran. The Committee’s 2023 Report into the human rights implications of recent violence in Iran contained 12 recommendations including:
the use of sanctions to target Islamic Republic of Iran and IRGC-affiliated individuals and entities responsible for malicious cyber activity against Australia (Recommendation 7)
that the Australian Government take the necessary steps to formally categorise the IRGC as an organisation involved in supporting and facilitating terrorism (Recommendation 8)
that any Iranian officials in Australia considered to be involved in intimidation, threats, or monitoring of Australians be expelled (Recommendation 11).
The Government’s response to the Report (September 2023) noted Recommendations 7 and 11. According to the Minister for Foreign Affairs, Senator Penny Wong (p. 21), the Government has now sanctioned 200 Iranian linked persons and entities, including almost 100 IRGC linked individuals and entities.
The Government, however, refused to accept Recommendation 8 based on the Attorney‑General’s Department (AGD) submission that, as an organ of a nation state, the IRGC is not the kind of entity that is covered by the terrorist organisation provisions in Division 102 of the Criminal Code.
Policy position of non-government parties/independents
Following the announcement of the intention to list the IRGC as a terrorist organisation, Opposition Leader Sussan Ley stated that the Coalition was entirely united behind the measures to expel the Iranian ambassador and list the IRGC as a terrorist organisation (p. 21). The Coalition criticised the Government for not listing the IRGC as a terrorist organisation in 2023 despite its previous offer of bipartisan support for legislation that would allow the listing of the IRGC as a terrorist organisation (p. 77).
In debate of the Bill in the House of Representatives, Shadow Attorney-General Andrew Wallace indicated Coalition support for the Bill, but criticised the timing of the Bill and the limited period for scrutiny:
At the outset, it should be said that the coalition supports this bill. It has been a long time coming,too long. Whilst the coalition supports the bill, the process that this government has undertaken to get to this point is as regrettable as it is noteworthy … The Attorney-General, when referring the bill to the [Parliamentary Joint Committee on Intelligence and Security (PJCIS)], requested that the PJCIS report back by 24 October 2025. The net effect of this request is that, in order to complete its report within this extremely truncated period, stakeholders were afforded just seven clear days in which to consider the bill and provide submissions before the public hearing
…
This government's approach to this bill is emblematic of how it conducts national security policy: do nothing, delay and obfuscate for as long as possible, and only do the right thing once all other alternatives have been exhausted. The bill has not been, in my view, appropriately scrutinised by the PJCIS and was akin to a box-ticking exercise by the government (p. 3).
Mr Wallace expressed concern that the limited time available for scrutiny by the PJCIS ‘is a concerning trend of this government’:
I've watched this government seek to ram important national security legislation through the PJCIS, and it must stop …
The PJCIS was once considered the most important committee in this parliament. Its members receive briefings on matters of national security by agencies within our national intelligence community. It has largely acted in a bipartisan manner since its inception … But the government continues to trash this legacy by virtue of its intent to nobble the ability of the PJCIS to appropriately and fulsomely conduct its vital work.
…
Some submitters have indicated to me that they simply will not and physically cannot provide submissions in the times often set by the government. Why does this matter? Because national security matters. Our laws that govern national security and security agencies matter. The lives, rights and liberties of Australians matter. But if this government continues to trash these conventions, we will have ill-considered laws that will have unintended consequences that cost the lives of Australians and/or trash the very principles of our Western liberal democracy (p. 3).
Mr Wallace moved an amendment to the Bill, which is discussed below. The amendment was not supported by the House.
The Greens previously expressed support for listing the IRGC as a terrorist organisation in their additional comments (p. 97) to the 2023 Report into the human rights implications of recent violence in Iran. This support was re-iterated in a media release following the recent announcement of the intention to list the IRGC as a terrorist organisation.
In debate on the Bill in the House of Representatives, Independent Member Allegra Spender, in whose electorate the 20 October 2024 attack on the Lewis’ Continental Kitchen took place, expressed support for the Bill, noting that ‘some of us have been asking for on behalf of our communities for nearly three years. While I accept that this is a step not to be taken lightly, I'm pleased to see that the government has finally acted’ (p. 100).
Stakeholder comments
The Australian United Solidarity for Iran, the Australian Iranian Community Organisation (AIC) and the Australian Iranian Community Alliance (AICA) have expressed support for the proposed amendments in their respective submissions to the PJCIS inquiry into the Bill. The AIC and the AICA recommend additional measures to support the proposed framework, such as travel restrictions on members or affiliates of specified state sponsors of terrorism, visa cancellations and immigration controls, financial sanctions (including asset freezing) and review of diplomatic privileges and accreditation where credible evidence of intimidation or propaganda is identified.
Comments from other stakeholders are discussed in the Key issues and provisions section below,
Key issues and provisions
Key definitions
Schedule 1 of the Bill inserts proposed Part 5.3A (consisting of proposed sections 110.1 to 114.4) into the Criminal Code to deal with state sponsors of terrorism and state terrorist acts. As stated in the PJCIS public hearing (pp. 2-3), this new regime is to ‘sit parallel to the existing terrorism framework’ which currently exists in Part 5.3 of the Criminal Code. The current regime, within Division 102 of the Criminal Code, refers to ‘terrorist organisations’.
Currently, a terrorist organisation is defined in section 102.1 of the Criminal Code as an organisation that is:
directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act or
specified in Regulations made by the Governor-General (and once specified is referred to as a listed terrorist organisation, per section 100.1 of the Criminal Code).
An organisation is further defined in section 100.1 of the Criminal Code as a body corporate or an unincorporated body. Division 102 does not currently apply to foreign state entities.
Proposed section 110.1 contains definitions of key terms that will apply to proposed Part 5.3A. While some definitions align with those in existing sections 100.1 and 102.1 (for application to existing Part 5.3), there are key distinctions.
Terrorist act
The proposed definition of terrorist act in proposed section 110.1 largely reflects the definition in section 100.1, which contains three key elements, and is where:
an action, or threat of action
causes serious harm to persons (including death) or serious damage to property
endangers a person’s life
creates a serious risk to the health or safety of the public or
seriously interferes with, seriously disrupts or destroys an electronic system and
the action is done or the threat is made with the intention of advancing a political, religious or ideological cause and
the action is done or the threat is made with the intention of:
coercing, or influencing by intimidation, an Australian government or foreign government or
intimidating the public.
As with the definition in section 100.1, certain non-harmful advocacy, protest, dissent or industrial action is not a terrorist act. In addition, the Bill provides that conduct that takes place in the context of, and is associated with, an international armed conflict (proposed subsection 110.1(3)) is also excluded from the definition of terrorist act. The Explanatory Memorandum (EM) notes that this element has been included because ‘the actions of states in international armed conflict are regulated by international humanitarian law, with breaches of those laws already criminalised through offences in Division 268’ (p. 29, paragraph [28]).
Foreign state entities
Other terms defined in proposed section 110.1 include foreign state entity and member of an entity. A foreign state entity is defined broadly to mean the government, or an authority of the government, of a foreign country, or of a part of a foreign country. It does not, however, include a foreign country in its entirety (EM, p. 27, paragraphs [13]-[14]). Additional entities may be prescribed by regulations as foreign state entities.
Similarly, a member of an entity is defined broadly to include the leader and employees of an entity, statutory appointments, those completing military or law enforcement service or an authorised intermediary (EM, pp. 27-28, paragraph [18]).
State sponsor of terrorism
Proposed section 110.3 defines a state sponsor of terrorism as an entity specified by regulations made by the Governor-General. Specifying an entity as a state sponsor of terrorism would allow for the prosecution of offences under proposed Divisions 111-113.
Requirements to prescribe a state sponsor of terrorism
Proposed section 110.3 provides that, before the Governor-General can make a regulation to specify a state sponsor of terrorism, the AFP Minister (currently the Minister for Home Affairs) must:
be satisfied on reasonable grounds that:
the entity is a foreign state entity; and
the entity or a member of the entity:
has directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia (defined in proposed section 110.2) or
has advocated (defined in proposed subsection 110.3(2)) the doing of a terrorist act that was targeted at Australia and
obtain the Foreign Affairs Minister’s agreement in writing to the entity being specified and
arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.Proposed subsection 110.3(2) states that an entity advocated the doing of a terrorist act if the entity:
directly or indirectly counselled, promoted, encouraged or urged the doing of a terrorist act
directly or indirectly provided instruction on the doing of a terrorist act or
directly praised the doing of a terrorist act, where there was a substantial risk that such praise might have led a person to engage in a terrorist act.
As further outlined in proposed section 110.2, a terrorist act will be targeted at Australia when the action:
is, or is threatened to be, done in Australia
causes serious physical harm (including death) to Australian citizens or permanent residents; causes serious damage to Commonwealth, state or territory property; endangers the life of an Australian citizen or permanent resident; creates a serious risk to the health or safety of the Australian public; or seriously interferes with, seriously disrupts or destroys an electronic system (including where any of these listed actions take place outside Australia) or
is done or the threat is made with the intention of coercing, or influencing by intimidation, an Australian government or the government of a foreign country, or intimidating the Australian public.
Reference to the doing of a terrorist act in this context includes the doing of a specific or more than one terrorist act. It also includes a reference to the doing of a terrorist act, even if a terrorist act does not occur (proposed subsection 110.3(6)).
Additionally, a foreign state entity could be prescribed as a state sponsor of terrorism for acts that occurred prior to the commencement of Schedule 1 to the Bill (proposed subsection 110.3(4)). This means that, for example, the IRGC (assuming all legislative requirements were met) could potentially be specified as a state sponsor of terrorism for the 2024 antisemitic attacks.
Amending names of specified state sponsor of terrorism
In some instances, foreign state entities may be known by aliases. Where an entity is prescribed as a state sponsor of terrorism, and where such an entity may have an alias or former name, the AFP Minister may, by legislative instrument, amend the regulations to include an alias or remove a former name in certain circumstances (proposed section 110.4).
Delisting a specified state sponsor of terrorism
In some circumstances, it may no longer be appropriate for a state sponsor of terrorism to continue to be specified as such. In these circumstances, proposed section 110.5 provides a mechanism for the AFP Minister to delist a state sponsor of terrorism. A declaration may be made on the AFP Minister’s own initiative, or on application made by either the PJCIS or by the foreign country to which the state sponsor of terrorism belongs (proposed section 110.6). This power recognises that prescribing an entity as a state sponsor of terrorism is not a set‑and-forget action.
Before making a proposed section 110.5 declaration, proposed subsection 110.5(4) requires the AFP Minister to consult the Foreign Affairs Minister, given the associated significant foreign policy and diplomatic considerations. Delisting an entity would not, however, prevent it from being subsequently specified as a state sponsor of terrorism (proposed subsection 110.5(6)).
Regulations specifying a state sponsor of terrorism and legislative instruments amending the name of a specified state sponsor of terrorism are open to review by the PJCIS, which may also report its comments and recommendations to each House of Parliament (proposed subsection 110.7(2)).
In its inquiry into the Bill, the PJCIS expressed concern that the Bill does not extend the Committee’s role to monitor and review the AFP’s functions under Part 5.3 of the Criminal Code to also include proposed Part 5.3A (Advisory report, p. 35, paragraph [2.28]). The PJCIS therefore recommended amending the Bill to
… add in paragraphs 29(1)(baa) and (bab) of the Intelligence Services Act 2001 reference to new Part 5.3A of the Criminal Code; in order to ensure that the PJCIS will have the ability to monitor and review AFP counter-terrorism functions in relation to new Part 5.3A to the same extent that it currently monitors and reviews such functions in relation to Part 5.3 (Recommendation 1).
As mentioned above, Shadow Attorney-General Andrew Wallace, who was Deputy Chair of the PJCIS when it reported on the Bill, moved an amendment in the House to implement Recommendation 1 of the PJCIS report.
The Attorney-General advised that while the Government supports the PJCIS’s recommendation in principle, the Attorney-General’s Department had advised that the amendment was unnecessary:
… nothing in the proposed part 5.3A confers any new powers or functions on the AFP. Part 5.3A only create new offences, not new functions, with the investigative functions of the AFP instead drawn from the Australian Federal Police Act 1979. However, schedule 2 of this bill does make amendments to the existing part 5.3 to ensure that powers exercised by the AFP in respect of terrorist organisation offences,that is, the various order frameworks in divisions 104, 105 and 105A,can also be exercised for state sponsors of terrorism. Therefore, the government maintains that current sections 29(1)(baa) and (bab) of the Intelligence Services Act 2001 do provide the committee the function to monitor and review the performance of the functions of the AFP under part 5.3 whether engaged in by a state or non-state entity. For those reasons, the government will not be supporting this amendment (p. 104).
The amendment moved by Mr Wallace was negatived by the House of Representatives.
Offences
Proposed Divisions 111-113 create several offences punishable by imprisonment for maximum terms ranging from 3 years to life, depending on the severity of the offence.
Given the national security and foreign relations considerations associated with these offences, the Attorney-General’s written consent is required to commence proceedings for offences against the proposed Divisions (proposed subsection 114.4(1)). As the EM states, the requirement for the Attorney-General’s consent:
provides an opportunity for the Attorney-General to consider the appropriateness of the proposed prosecution in all the circumstances of the case, including the context of the conduct, and need to protect the community from the impacts of entities listed as state sponsors of terrorism and state terrorist acts. (p. 11, paragraph [33]).
A person may, however, be arrested, charged, remanded in custody or released on bail before consent has been given (proposed subsection 114.4(2)).
The offences provide an extensive framework to allow for the prosecution of persons engaged in state terrorist acts, as well as a range of affiliated offending, including providing or receiving training connected with state terrorist acts, possessing things connected with state terrorist acts, and collecting or making documents likely to facilitate state terrorist acts.
Sections 12.2 to 12.6 (dealing with corporate criminal responsibility) of the Criminal Code apply in relation to offences contained within proposed Divisions 111-113 as if a reference to a body corporate included a reference to a foreign state entity that is a person. Where a listed foreign state entity is not a legal person under domestic law, liability will flow to the parent entity that is a legal person (EM, p. 59, paragraph [246]). A foreign state entity that is a legal person is taken to have committed any of the offences if:
a part of the entity is a state sponsor of terrorism
that state sponsor of terrorism is not a person and
that state sponsor of terrorism would have committed the offence if it were a person (proposed subsection 114.1(2)).
As a person’s status as a foreign state entity or a member of a foreign state entity does not go to the person’s culpability for the substance of an offence, strict liability applies, and the prosecution would not have to prove any fault element in that regard. That is, the prosecution would not need to prove that the defendant was aware that the entity had been listed as a state sponsor of terrorism. The defence of mistake of fact at section 9.2 of the Criminal Code would nevertheless be available as noted in the EM (p. 35, paragraph [68]).
Recognising the transnational nature of state sponsored terrorism and to prevent a person from escaping prosecution or punishment due to a jurisdictional loophole, proposed section 114.2 provides that the extended geographical jurisdiction,category D in section 15.4 of the Criminal Code applies to offences in the proposed Divisions. This means that the offences would apply to conduct, or a result of conduct, constituting the alleged offence that occurs in Australia or anywhere else in the world.
Proposed section 110.8 clarifies that state and territory laws are intended to operate concurrently alongside provisions contained in the Bill. To avoid double jeopardy, proposed subsection 110.8(4) provides that if the act or omission of a person is an offence under proposed Part 5.3A as well as under the law of a state or territory, and the person has been punished for the offence under the law of the state or territory, the person is not liable to be punished for the offence under proposed Part 5.3A.
Activities relating to state terrorist acts (Division 111)
Proposed Subdivision A, Division 111 contains two tranches of offences. Firstly, it contains the offence of engaging in state terrorist acts (proposed section 111.2). A state terrorist act is defined in proposed section 111.1 as a terrorist act engaged in by a state sponsor of terrorism or a member of a state sponsor of terrorism. This extends to terrorist acts carried out in concert with an entity that is not a state sponsor of terrorism or a member of a state sponsor of terrorism. The EM notes that this is intended to ‘ensure that a foreign state entity or non-state entities cannot avoid liability under this section by working in collaboration’ (p. 35, paragraph [65]).
The second category of offences included in proposed Subdivision A, Division 111 are offences related to state terrorist acts. These offences capture both state sponsors of terrorism and other persons who meet the offence elements. The offences in this category are:
providing or receiving training connected with state terrorist acts (proposed section 111.3)
possessing things connected with state terrorist acts (proposed section 111.4)
collecting or making documents likely to facilitate state terrorist acts (proposed section 111.5)
other acts done in preparation for, or planning, state terrorist acts (proposed section 111.6).
The offence in proposed section 111.6 is exceptionally broad as it covers any act done (by any person) in preparation for, or planning, a state terrorist act, with an attached maximum penalty of imprisonment for life.
Activities of state sponsor of terrorism relating to terrorist acts engaged in by others (Division 111)
The offences in proposed Subdivision B, Division 111 relate to support provided by a state sponsor of terrorism or a member of a state sponsor of terrorism to non-state actor proxies who may engage in terrorist acts (EM, p. 40, paragraph [103]).
The offences in proposed Subdivision B, Division 111 replicate those in proposed Subdivision A, Division 111. For clarity, the offences are:
providing or receiving training connected with terrorist acts (proposed section 111.7)
possessing things connected with terrorist acts (proposed section 111.8)
collecting or making documents likely to facilitate terrorist acts (proposed section 111.9)
any other act done in preparation for, or planning, terrorist acts (proposed section 111.10).
Dealings with state sponsor of terrorism (Division 112)
Proposed Division 112 provides for a range of offences relating to membership, recruitment, training, funding, providing support, associating with, or directing activities of state sponsors of terrorism.
Proposed Division 112 offences cover intentional dealings with state sponsor of terrorism, namely:
directing activities of a state sponsor of terrorism (proposed section 112.1)
being a member of a state sponsor of terrorism (proposed section 112.2)
recruiting for a state sponsor of terrorism (proposed section 112.3)
providing, receiving or participating in training with a state sponsor of terrorism (proposed section 112.4)
receiving funds from, making funds available to, or collecting funds for a state sponsor of terrorism (proposed section 112.5)
providing support to a state sponsor of terrorism (proposed section 112.6)
associating with state sponsor of terrorism on 2 or more occasions (proposed section 112.7)
Additionally, some of these offences,being proposed sections 112.1, 112.3, 112.5 and 112.6,provide for higher penalties where persons know (as defined in section 5.3 of the Criminal Code) the entity is a state sponsor of terrorism, and lower penalties where a person is reckless (as defined in section 5.4 of the Criminal Code) as to whether the entity is a state sponsor of terrorism.
There are a range of exceptions contained within some of the offence provisions in proposed Division 112. For instance, proposed subsection 112.5(4) contains exceptions to ensure that legal practitioners are not prosecuted for receiving funds from a state sponsor of terrorism when providing legal services to persons accused of proposed Division 112 offences or entities seeking advice on their status as a state sponsor of terrorism.
Similarly, certain associations with a state sponsor of terrorism would not constitute an offence if the association is:
with a close family member and relates only to a matter reasonably regarded as a matter of family or domestic concern (proposed paragraph 112.7(5)(a))
in a place being used for public religious worship and takes place in the course of practice a religion (proposed paragraph 112.7(5)(b))
only for the purpose of providing aid of a humanitarian nature (proposed paragraph 112.7(5)(c))
only for the purpose of providing advice or legal representation in connection with specified matters (proposed paragraph 112.7(5)(d)).
A defendant would bear the evidential burden in relation to these exceptions.
In its comments on the Bill, the Senate Standing Committee for the Scrutiny of Bills (Scrutiny of Bills Committee) advised that it considered that this reversal of the evidential burden was not adequately addressed in Bill’s explanatory materials and requested that the Government provide an addendum to the EM containing a more detailed justification for this approach (p. 10).
Proposed subsection 112.7(6) clarifies that proposed section 112.7 does not apply to the extent (if any) that it would infringe the implied freedom of political communication. The Alliance for Journalists’ Freedom recommends the inclusion of a specific exemption for journalism undertaken in the public interest in its submission to the PJCIS inquiry into the Bill.
Financing state terrorist acts targeted at Australia (Division 113)
Proposed Division 113 would make it an offence to finance state terrorist acts targeted at Australia (proposed section 113.1) or intentionally finance a person involved in state terrorist acts targeted at Australia (proposed section 113.2). It would suffice if the financier is reckless as to whether the funds will be used to facilitate or engage in a state terrorist act targeted at Australia.
General defences
In addition to existing defences in the Criminal Code (predominantly contained in Division 9 and Division 10), proposed sections 112.8 and 113.3 contain specific defences to offence conduct contained in proposed Divisions 112 and 113, respectively. As summarised by the EM:
These defences apply in respect of legitimate or unavoidable engagement with foreign state entities who are state sponsors of terrorism. This includes where a person engages with a state sponsor of terrorism for the provision of a service for which there are no reasonable alternatives, in compliance with a specific law or order of the court, or in the course of their duties as a Commonwealth, state or territory public official. The defendant would bear the evidential burden in respect of these defences. (p. 53, paragraph [208]; p. 57, paragraph [232])
Proposed paragraphs 112.8(1)(e) and 113.3(1)(e) provide that the performance of an official duty or function for the United Nations (UN) or an agency of the UN, or the International Committee of the Red Cross (ICRC) is a defence (EM, p. 55, paragraph [217]; p. 58, paragraph [241]). Given how specific this defence is to these specific organisations, it is unlikely that it would extend to any other aid organisation. However, proposed paragraph 112.7(5)(c) provides an exception to the offence of associating with state sponsors of terrorism for associations that are only for the purpose of providing aid of a humanitarian nature.
In a joint submission to the PJCIS inquiry into the Bill, the Australian Council for International Development (ACFID) and Save the Children Australia repeated earlier calls for the inclusion in the Criminal Code of broad humanitarian exemptions consistent with UN Security Council Resolutions 2664 and 2761 ‘to provide regulatory certainty for the work of [Australian non-governmental organisations] in responding to global humanitarian crises’ (p. 2, paragraph [7] of the legal advice attached to the joint submission).
At the PJCIS public hearing in relation to the Bill, representatives of the AGD (pp. 8-10) and Department of Foreign Affairs and Trade (DFAT) (pp. 15-16) acknowledged this concern and stated that they were directly engaging with ACFID and Save the Children Australia to address the concern as it relates to both Part 5.3 of the Criminal Code and proposed Part 5.3A.
DFAT also clarified that the UN and the ICRC were specifically exempted because, in their assessment, these entities ‘have robust assurance and safety mechanisms to manage the risks associated with delivering assistance in areas where a state sponsor of terrorism may be operating’ (p. 15). The Australian Red Cross Society’s (ARCS) submission to the PJCIS inquiry into the Bill, however, notes that the ICRC exemption is ‘drafted narrowly and does not extend to the [International Federation of Red Cross and Red Crescent Societies (IFRC)], Australian Red Cross Society or other National Societies in the Red Cross and Red Crescent Movement’ (p. 4, paragraph [1.6]). The ARCS recommended amending the proposed exemption in this regard and including a humanitarian exemption for offences in Part 5.3 of the Criminal Code and proposed Part 5.3A.
The AGD acknowledged the need to consider including humanitarian entities more broadly, but noted that this would need ‘to be done in quite a considered way to ensure that we are not extending defence to any agency and to ensure it is actually legitimate rather than two individuals with malicious intent under the cover of a charity then getting a carveout’ (p. 10).
Consequential amendments to Commonwealth legislation
Schedules 2 and 3 make consequential amendments to several Commonwealth Acts, including the Criminal Code.
In particular, Part 1, Schedule 2 provides that references to a terrorist act in Divisions 104 (control orders), 105 (preventative detention orders) and 105A (post‑sentence orders) of the Criminal Code include references to a state terrorist act. This would allow control orders, preventative detention orders and post‑sentence orders to be made in relation to state terrorist acts. Similarly, references to a terrorist organisation or listed terrorist organisation, would include a reference to a state sponsor of terrorism.
In its comments on the Bill, the Scrutiny of Bills Committee noted its longstanding concerns with the ‘extraordinary powers’ available under control orders, preventative detention orders and post‑sentence orders and advised that it considers that any extension of the scope of conduct and offences to which they may apply requires close scrutiny (p. 3).
Furthermore, item 29, Schedule 3 amends subsection 80.2E(3) of the Criminal Code to expand the definition of prohibited terrorist organisation symbol to include a symbol that a state sponsor of terrorism uses, or members of a state sponsor of terrorism use, to identify the state sponsor of terrorism or any part of the state sponsor of terrorism. The flag of a foreign country or part of a foreign country, by itself, would however be exempted under proposed subsection 80.2E(4) (item 30, Schedule 3).
The Scrutiny of Bills Committee raised concern with the impact that the expansion of the definition of prohibited terrorist organisation symbol may have on freedom of expression and the lack of clear guidance as to which symbols are prohibited (pp. 6-7). The expansion of the definition would extend the scope of conduct that would be an offence under section 80.2HA (public display of prohibited terrorist organisation symbols) and section 80.2JA (trading in prohibited terrorist organisation symbols), which are subject to maximum sentences of 5 years imprisonment and 12 months imprisonment, respectively (p. 5). The Committee noted that section 80.2HA is subject to a mandatory minimum term of imprisonment of 12 months (section 16AAA of the Crimes Act) and reiterated its concern with mandatory minimum sentences, which ‘fetter judicial discretion and may result in the imposition of sentences of imprisonment that are disproportionate to the offence in the circumstances’ (p. 7).
Item 49, Schedule 3 proposes to insert section 13A in the Foreign States Immunities Act 1985 as an exception to the immunity from the civil jurisdiction of Australian courts afforded to foreign states under section 9. Under the proposed provision, a foreign state would not be immune in proceedings concerning state terrorism.
Links
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Legislation (Exemptions and Other Matters) Regulation 2015 54
Maritime Powers Act 2013 55
Maritime Transport and Offshore Facilities Security Act 2003 55
National Radioactive Waste Management Act 2012 55
Social Security Act 1991 55
Surveillance Devices Act 2004 55
Telecommunications (Interception and Access) Act 1979 56
Terrorism and Cyclone Insurance Act 2003 56
Schedule 4,Other amendments 57
Crimes Act 1914 57
Criminal Code Act 1995 57
Criminal Code Amendment (State Sponsors of Terrorism) Act 2025
No. 60, 2025
An Act to amend the Criminal Code Act 1995, and for other purposes
[Assented to 6 November 2025]
The Parliament of Australia enacts:
1 Short title
This Act is the Criminal Code Amendment (State Sponsors of Terrorism) Act 2025.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Sections 1 to 3 and anything in this Act not elsewhere covered by this table
The day this Act receives the Royal Assent.
6 November 2025
Schedules 1 to 3
A single day to be fixed by Proclamation.
However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, the provisions are repealed on the day after the end of that period.
Schedule 4
The day after this Act receives the Royal Assent.
7 November 2025
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Note: The provisions of the Legislation (Exemptions and Other Matters) Regulation 2015 amended or inserted by this Act, and any other provisions of that instrument, may be amended or repealed by regulations made under section 62 of the Legislation Act 2003 (see subsection 13(5) of the Legislation Act 2003).
Schedule 1,Main amendments
Criminal Code Act 1995
1 After Part 5.3 of the Criminal Code
Insert:
Part 5.3A,State sponsors of terrorism
Division 110,Preliminary
Subdivision A,Definitions
110.1 Definitions
(1) In this Part:
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
associate: a person associates with another person if the person meets or communicates with the other person.
Australian permanent resident means a person who is a permanent resident within the meaning of the Australian Citizenship Act 2007.
close family member of a person (the first person) means:
(a) the first person’s spouse or de facto partner; or
(b) a parent, step‑parent or grandparent of the first person; or
(c) any other person who would be a parent, step‑parent or grandparent of the first person if the first person were a child (within the meaning of Part VII of the Family Law Act 1975) of the other person or a third person; or
(d) a child, step‑child or grandchild of the first person; or
(e) any other person who would be a step‑child or grandchild of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or
(f) a brother, sister, step‑brother or step‑sister of the first person; or
(g) any other person who would be a brother, sister, step‑brother or step‑sister of the first person if the other person were a child (within the meaning of Part VII of the Family Law Act 1975) of a third person; or
(h) a guardian or carer of the first person.
foreign state entity means any of the following entities:
(a) the government of a foreign country or of part of a foreign country;
(b) an authority of the government of a foreign country;
(c) an authority of the government of part of a foreign country;
(d) a foreign local government body or foreign regional government body;
(e) an entity prescribed by the regulations for the purposes of this paragraph.
funds means:
(a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and
(b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.
member of an entity includes any of the following:
(a) an employee or official of the entity;
(b) an individual who performs work for the entity under a contract;
(c) an individual who, under a law of a foreign country or of part of a foreign country, holds or performs the duties of an appointment, office or position that is in or relates to the entity;
(d) an individual who holds or performs the duties of an appointment, office or position that:
(i) is in or relates to the entity; and
(ii) is created by custom or convention of a foreign country or of part of a foreign country;
(e) an individual who is otherwise in the service of the entity (including service as a member of a military force or police force);
(f) an individual who:
(i) is an authorised intermediary of an individual who is a member of the entity under any of the paragraphs of this definition; or
(ii) holds the individual out to be the authorised intermediary of an individual who is a member of the entity under any of the paragraphs of this definition.
recruit includes induce, incite and encourage.
state sponsor of terrorism: see subsection 110.3(1).
state terrorist act: see section 111.1.
targeted at Australia: see section 110.2.
terrorist act means an action or threat of action where:
(a) the action falls within subsection (2) and does not fall within subsection (3); and
(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c) the action is done or the threat is made with the intention of:
(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
(ii) intimidating the public or a section of the public.
Elements of the definition of terrorist act
(2) Action falls within this subsection if it:
(a) causes serious harm that is physical harm to a person; or
(b) causes serious damage to property; or
(c) causes a person’s death; or
(d) endangers a person’s life, other than the life of the person taking the action; or
(e) creates a serious risk to the health or safety of the public or a section of the public; or
(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:
(i) an information system; or
(ii) a telecommunications system; or
(iii) a financial system; or
(iv) a system used for the delivery of essential government services; or
(v) a system used for, or by, an essential public utility; or
(vi) a system used for, or by, a transport system.
Actions that are not terrorist acts
(3) Action falls within this subsection if it is:
(a) advocacy, protest, dissent or industrial action that is not intended:
(i) to cause serious harm that is physical harm to a person; or
(ii) to cause a person’s death; or
(iii) to endanger the life of a person, other than the person taking the action; or
(iv) to create a serious risk to the health or safety of the public or a section of the public; or
(b) conduct that takes place in the context of, and is associated with, an international armed conflict.
References to person, property or public
(4) In this Part:
(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and
(b) a reference to the public (other than a reference to the Australian public) includes a reference to the public of a country other than Australia.
110.2 When a terrorist act is targeted at Australia
(1) For the purposes of this Part, an action, or a threat of action, that is a terrorist act is targeted at Australia if:
(a) the action is, or is threatened to be, done in Australia; or
(b) the action falls within subsection (2); or
(c) the action is done or the threat is made with the intention of:
(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State or Territory, or of part of a State or Territory; or
(ii) intimidating the Australian public or a section of the Australian public.
Action harming Australians or Australian interests
(2) Action falls within this subsection if it:
(a) causes serious harm that is physical harm to a person who is:
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(b) causes serious damage to property, and the Commonwealth or a State or Territory has:
(i) possession or control of the property; or
(ii) a proprietary right or interest in the property (other than an equitable interest arising only from an agreement to transfer an interest, an agreement to grant an interest or a constructive trust); or
(c) causes the death of a person who is:
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(d) endangers the life of a person who is:
(i) an Australian citizen; or
(ii) an Australian permanent resident;
other than the life of the person taking the action; or
(e) creates a serious risk to the health or safety of the Australian public or a section of the Australian public; or
(f) seriously interferes with, seriously disrupts, or destroys, an electronic system that operates wholly or partly in Australia, including, but not limited to:
(i) an information system that operates wholly or partly in Australia; or
(ii) a telecommunications system that operates wholly or partly in Australia; or
(iii) an Australian financial system; or
(iv) a system used for the delivery of essential services by the Commonwealth or a State or Territory; or
(v) a system used for, or by, an essential public utility that operates wholly or partly in Australia; or
(vi) a system used for, or by, a transport system that operates wholly or partly in Australia.
Subdivision B,State sponsors of terrorism
110.3 Meaning of state sponsor of terrorism
(1) In this Code:
state sponsor of terrorism means an entity that is specified by the regulations for the purposes of this definition (see subsections (3) to (5), section 110.4 and subsection 110.5(5)).
Meaning of advocated
(2) For the purposes of this section, an entity advocated the doing of a terrorist act if:
(a) the entity directly or indirectly counselled, promoted, encouraged or urged the doing of a terrorist act; or
(b) the entity directly or indirectly provided instruction on the doing of a terrorist act; or
(c) the entity directly praised the doing of a terrorist act in circumstances where there was a substantial risk that such praise might have had the effect of leading a person (regardless of the person’s age or any mental impairment that the person might suffer) to engage in a terrorist act.
Regulations to specify state sponsors of terrorism
(3) Before the Governor‑General makes a regulation specifying an entity for the purposes of the definition of state sponsor of terrorism in subsection (1), the AFP Minister must be satisfied on reasonable grounds that:
(a) the entity is a foreign state entity; and
(b) the entity or a member of the entity:
(i) has directly or indirectly engaged in, prepared, planned, assisted in or fostered the doing of a terrorist act that was targeted at Australia; or
(ii) has advocated the doing of a terrorist act that was targeted at Australia.
(4) In paragraph (3)(b):
(a) a reference to a terrorist act includes a reference to a terrorist act that occurred before subsection (3) commences; and
(b) a reference to having engaged in, prepared, planned, assisted in, fostered or advocated the doing of a terrorist act includes a reference to having engaged in, prepared, planned, assisted in, fostered or advocated the doing of a terrorist act before subsection (3) commences.
(5) Before the Governor‑General makes a regulation specifying an entity for the purposes of the definition of state sponsor of terrorism in subsection (1), the AFP Minister must:
(a) obtain the Foreign Affairs Minister’s agreement in writing to the entity being specified for the purposes of that definition; and
(b) arrange for the Leader of the Opposition in the House of Representatives to be briefed in relation to the proposed regulation.
References to the doing of a terrorist act
(6) In this section, a reference to the doing of a terrorist act includes:
(a) a reference to the doing of a terrorist act, even if a terrorist act does not occur; and
(b) a reference to the doing of a specific terrorist act; and
(c) a reference to the doing of more than one terrorist act.
110.4 Including or removing names of specified state sponsor of terrorism
(1) This section applies if the AFP Minister is satisfied on reasonable grounds that:
(a) an entity is specified in regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1); and
(b) the entity:
(i) is referred to by another name (the alias), in addition to, or instead of, a name used to specify the entity in the regulations; or
(ii) no longer uses a name (the former name) used in the regulations to specify the entity.
(2) The AFP Minister may, by legislative instrument, amend the regulations to do either or both of the following:
(a) include the alias in the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(i);
(b) remove the former name from the regulations if the AFP Minister is satisfied as referred to in subparagraph (1)(b)(ii).
(3) Amendment of regulations under subsection (2) does not prevent the further amendment or repeal of the regulations by regulations made under section 5 of this Act for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).
(4) The AFP Minister may not, by legislative instrument made under this section, amend the regulations to remove entirely an entity that has been specified.
(5) To avoid doubt, this section does not affect the power under section 5 of this Act to make regulations for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).
110.5 Declaration in relation to a state sponsor of terrorism
Power to make declaration
(1) If:
(a) an entity is specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1); and
(b) the AFP Minister is satisfied that it is not appropriate for the entity to continue to be so specified;
the AFP Minister may, by notifiable instrument, make a declaration to the effect that the AFP Minister is so satisfied.
(2) The AFP Minister may make a declaration under subsection (1):
(a) on application under section 110.6; or
(b) on the AFP Minister’s own initiative.
(3) The declaration must specify the day on which the AFP Minister becomes satisfied that it is not appropriate for the entity to continue to be specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).
(4) Before the AFP Minister makes a declaration under subsection (1), the AFP Minister must consult the Foreign Affairs Minister in relation to the making of the declaration.
Effect of declaration
(5) The regulations, to the extent to which they specify the entity, are taken to cease to have effect on the day specified in the declaration under subsection (3), even if that day occurred before the day on which the declaration is made.
(6) To avoid doubt, subsections (1) to (5) do not prevent the entity from being subsequently specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1) if the AFP Minister is satisfied as mentioned in subsection 110.3(3).
110.6 Application for declaration
(1) The following may apply to the AFP Minister for a declaration under subsection 110.5(1) in relation to a state sponsor of terrorism:
(a) the Parliamentary Joint Committee on Intelligence and Security;
(b) the foreign country to which the state sponsor of terrorism belongs.
(2) The application must:
(a) be in writing; and
(b) be made on the grounds that there is a basis for the AFP Minister to be satisfied that it is not appropriate for the state sponsor of terrorism to continue to be specified by regulations made for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1).
110.7 Reviews by Parliamentary Joint Committee on Intelligence and Security
(1) This section applies in relation to the following legislative instruments:
(a) a regulation that specifies an entity for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1);
(b) an instrument made under section 110.4.
(2) The Parliamentary Joint Committee on Intelligence and Security may:
(a) review the legislative instrument at any time; and
(b) report the Committee’s comments and recommendations to each House of the Parliament.
Review of disallowable legislative instrument,extension of disallowance period
(3) If the Committee’s report on a review of a disallowable legislative instrument is tabled in a House of the Parliament under subsection (2):
(a) during the applicable disallowance period for that House; and
(b) on or after the eighth sitting day of the applicable disallowance period;
then Part 2 of Chapter 3 of the Legislation Act 2003 has effect, in relation to that disallowable legislative instrument and that House, as if each period of 15 sitting days referred to in that Part were extended in accordance with the table:
Extension of applicable disallowance period
Item
If the Committee’s report is tabled in that House...
extend the period of 15 sitting days by...
1
on the fifteenth sitting day of the applicable disallowance period
8 sitting days of that House
2
on the fourteenth sitting day of the applicable disallowance period
7 sitting days of that House
3
on the thirteenth sitting day of the applicable disallowance period
6 sitting days of that House
4
on the twelfth sitting day of the applicable disallowance period
5 sitting days of that House
5
on the eleventh sitting day of the applicable disallowance period
4 sitting days of that House
6
on the tenth sitting day of the applicable disallowance period
3 sitting days of that House
7
on the ninth sitting day of the applicable disallowance period
2 sitting days of that House
8
on the eighth sitting day of the applicable disallowance period
1 sitting day of that House
Applicable disallowance period
(4) The applicable disallowance period for a House of the Parliament means the period of 15 sitting days of that House after the disallowable legislative instrument, or a copy of the disallowable legislative instrument, was laid before that House in accordance with section 38 of the Legislation Act 2003.
Subdivision C,Interaction with State and Territory laws
110.8 Concurrent operation intended
(1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
(a) an act or omission that is an offence against a provision of this Part; or
(b) a similar act or omission;
an offence against the law of the State or Territory.
(3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
(a) provides for a penalty for the offence that differs from the penalty provided for in this Part;
(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;
(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.
(4) If:
(a) an act or omission of a person is an offence under this Part and is also an offence under the law of a State or Territory; and
(b) the person has been punished for the offence under the law of the State or Territory;
the person is not liable to be punished for the offence under this Part.
110.9 Regulations may modify operation of this Part to deal with interaction between this Part and State and Territory laws
(1) The regulations may modify the operation of this Part so that:
(a) provisions of this Part do not apply to a matter that is dealt with by a law of a State or Territory specified in the regulations; or
(b) no inconsistency arises between the operation of a provision of this Part and the operation of a State or Territory law specified in the regulations.
(2) Without limiting subsection (1), regulations made for the purposes of that subsection may provide that the provision of this Part does not apply to:
(a) a person specified in the regulations; or
(b) a body specified in the regulations; or
(c) circumstances specified in the regulations; or
(d) a person or body specified in the regulations in the circumstances specified in the regulations.
(3) In this section:
matter includes act, omission, body, person or thing.
Division 111,State terrorist acts etc.
Subdivision A,Activities relating to state terrorist acts
111.1 Meaning of state terrorist act
In this Code:
state terrorist act means a terrorist act engaged in by:
(a) a state sponsor of terrorism; or
(b) a member of a state sponsor of terrorism;
(whether or not the terrorist act is also engaged in by an entity that is not a state sponsor of terrorism or a member of a state sponsor of terrorism).
111.2 Engaging in state terrorist acts
(1) A person commits an offence if:
(a) the person engages in a state terrorist act; and
(b) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(c) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Example: A state terrorist act is engaged in jointly by a state sponsor of terrorism (entity A), a foreign state entity (entity B) that is not a state sponsor of terrorism and an entity (entity C) that is not a foreign state entity. The offence in subsection (1) applies to the conduct of entities A and C but not entity B.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(c).
111.3 Providing or receiving training connected with state terrorist acts
(1) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under this section even if:
(a) a state terrorist act does not occur; or
(b) the training is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or
(c) the training is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
111.4 Possessing things connected with state terrorist acts
(1) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a state terrorist act does not occur; or
(b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or
(c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.5 Collecting or making documents likely to facilitate state terrorist acts
(1) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a state terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a state terrorist act does not occur; or
(b) the document is not connected with preparation for, the engagement of an entity in, or assistance in a specific state terrorist act; or
(c) the document is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a state terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.6 Other acts done in preparation for, or planning, state terrorist acts
(1) A person commits an offence if:
(a) the person does any act in preparation for, or planning, a state terrorist act; and
(b) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(c) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(c).
(3) A person commits an offence under subsection (1) even if:
(a) a state terrorist act does not occur; or
(b) the person’s act is not done in preparation for, or planning, a specific state terrorist act; or
(c) the person’s act is done in preparation for, or planning, more than one terrorist act.
Subdivision B,Activities of state sponsor of terrorism relating to terrorist acts engaged in by others
111.7 Providing or receiving training connected with terrorist acts
(1) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person provides or receives training; and
(b) the training is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under this section even if:
(a) a terrorist act does not occur; or
(b) the training is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or
(c) the training is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
111.8 Possessing things connected with terrorist acts
(1) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person possesses a thing; and
(b) the thing is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a terrorist act does not occur; or
(b) the thing is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or
(c) the thing is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the possession of the thing was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.9 Collecting or making documents likely to facilitate terrorist acts
(1) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person knows of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 15 years.
(2) A person commits an offence if:
(a) the person collects or makes a document; and
(b) the document is connected with preparation for, the engagement of an entity in, or assistance in a terrorist act; and
(c) the person is reckless as to the existence of the connection described in paragraph (b); and
(d) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(e) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for 10 years.
(3) Strict liability applies to paragraphs (1)(e) and (2)(e).
(4) A person commits an offence under subsection (1) or (2) even if:
(a) a terrorist act does not occur; or
(b) the document is not connected with preparation for, the engagement of an entity in, or assistance in a specific terrorist act; or
(c) the document is connected with preparation for, the engagement of an entity in, or assistance in more than one terrorist act.
Exception
(5) Subsections (1) and (2) do not apply if the collection or making of the document was not intended to facilitate preparation for, the engagement of an entity in, or assistance in a terrorist act.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
111.10 Other acts done in preparation for, or planning, terrorist acts
(1) A person commits an offence if:
(a) the person does any act in preparation for, or planning, a terrorist act; and
(b) either:
(i) the person is an Australian citizen or Australian permanent resident; or
(ii) the terrorist act is targeted at Australia; and
(c) the person is:
(i) a state sponsor of terrorism; or
(ii) a member of a state sponsor of terrorism.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(c).
(3) A person commits an offence under subsection (1) even if:
(a) a terrorist act does not occur; or
(b) the person’s act is not done in preparation for, or planning, a specific terrorist act; or
(c) the person’s act is done in preparation for, or planning, more than one terrorist act.
Division 112,Dealings with state sponsor of terrorism
112.1 Directing the activities of a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally directs the activities of an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally directs the activities of an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
112.2 Membership of a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally is a member of a foreign state entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism.
Note: For defences, see subsection (2) and section 112.8.
Penalty: Imprisonment for 10 years.
Exception
(2) Subsection (1) does not apply if the person proves that the person took all reasonable steps to cease to be a member of the entity as soon as practicable after the person knew that the entity was a state sponsor of terrorism.
Note: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).
112.3 Recruiting for a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally recruits a person to join, or participate in the activities of, an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the first‑mentioned person knows the entity is a state sponsor of terrorism; and
(d) if the first‑mentioned person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally recruits a person to join, or participate in the activities of, an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) the first‑mentioned person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the first‑mentioned person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
112.4 Training involving a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person does any of the following:
(i) intentionally provides training to an entity;
(ii) intentionally receives training from an entity;
(iii) intentionally participates in training with an entity; and
(b) the entity is a state sponsor of terrorism; and
(c) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see subsection (4) and section 112.8.
Penalty: Imprisonment for 25 years.
(2) Subject to subsection (4), strict liability applies to paragraph (1)(b).
(3) Strict liability applies to paragraph (1)(c).
Exception
(4) Subsection (1) does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
112.5 Getting funds to, from or for a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally:
(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see subsection (4) and section 112.8.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally:
(i) receives funds from, or makes funds available to, an entity (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, an entity (whether directly or indirectly); and
(b) the entity is a state sponsor of terrorism; and
(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see subsection (4) and section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
Exception
(4) Subsections (1) and (2) do not apply to the person’s receipt of funds from the entity if the person proves that the person received the funds solely for the purpose of the provision of:
(a) legal representation for a person in proceedings relating to this Division; or
(b) legal advice or legal representation in connection with the question of whether the entity is a state sponsor of terrorism; or
(c) assistance to the entity for it to comply with a law of the Commonwealth or a State or Territory.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).
112.6 Providing support to a state sponsor of terrorism
(1) A person commits an offence if:
(a) the person intentionally provides to an entity support or resources that would help the entity to directly or indirectly engage in, prepare, plan, assist in or foster the doing of a state terrorist act; and
(b) the entity is a state sponsor of terrorism; and
(c) the person knows the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 25 years.
(2) A person commits an offence if:
(a) the person intentionally provides to an entity support or resources that would help the entity to directly or indirectly engage in, prepare, plan, assist in or foster the doing of a state terrorist act; and
(b) the entity is a state sponsor of terrorism; and
(c) the person is reckless as to whether the entity is a state sponsor of terrorism; and
(d) if the person is a foreign state entity or a member of a foreign state entity,that foreign state entity is also a state sponsor of terrorism.
Note: For defences, see section 112.8.
Penalty: Imprisonment for 15 years.
(3) Strict liability applies to paragraphs (1)(d) and (2)(d).
(4) In this section, a reference to the doing of a state terrorist act includes:
(a) a reference to the doing of a state terrorist act, even if a state terrorist act does not occur; and
(b) a reference to the doing of a specific state terrorist act; and
(c) a reference to the doing of more than one state terrorist act.
112.7 Associating with state sponsor of terrorism
(1) A person commits an offence if:
(a) on 2 or more occasions:
(i) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, an entity; and
(ii) the association provides support to the entity; and
(iii) the person intends that the support assist the entity to expand or to continue to exist; and
(iv) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and
(b) the entity is a state sponsor of terrorism.
Note: For defences, see subsections (4), (5) and (6) and section 112.8.
Penalty: Imprisonment for 3 years.
(2) A person commits an offence if:
(a) the person has previously been convicted of an offence against subsection (1); and
(b) the person intentionally associates with another person who is a member of, or a person who promotes or directs the activities of, a foreign state entity; and
(c) the association provides support to the entity; and
(d) the person intends that the support assist the entity to expand or to continue to exist; and
(e) the person knows that the other person is a member of, or a person who promotes or directs the activities of, the entity; and
(f) the entity is a state sponsor of terrorism.
Note: For defences, see subsections (4) to (6) and section 112.8.
Penalty: Imprisonment for 3 years.
(3) Strict liability applies to paragraphs (1)(b) and (2)(f).
Exceptions
(4) This section does not apply unless the person is reckless as to the circumstance mentioned in paragraph (1)(b) and (2)(f) (as the case requires).
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3)).
(5) This section does not apply if:
(a) the association is with a close family member and relates only to a matter that could reasonably be regarded (taking into account the person’s cultural background) as a matter of family or domestic concern; or
(b) the association is in a place being used for public religious worship and takes place in the course of practising a religion; or
(c) the association is only for the purpose of providing aid of a humanitarian nature; or
(d) the association is only for the purpose of providing legal advice or legal representation in connection with:
(i) criminal proceedings or proceedings related to criminal proceedings (including possible criminal proceedings in the future); or
(ii) the question of whether the entity is a state sponsor of terrorism; or
(iii) a decision made or proposed to be made under Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979, or proceedings relating to such a decision or proposed decision; or
(iv) proceedings for a review of a decision relating to a passport or other travel document or to a failure to issue such a passport or other travel document (including a passport or other travel document that was, or would have been, issued by or on behalf of the government of a foreign country); or
(v) a listing, or proposed listing, of a person, entity, asset or class of asset under section 15 of the Charter of the United Nations Act 1945; or
(vi) the application of a regulation made for the purposes of section 10 of the Autonomous Sanctions Act 2011.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3)).
(6) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3)).
Limit on punishment for further offences
(7) A person who is convicted of an offence under subsection (1) in relation to the person’s conduct on 2 or more occasions is not liable to be punished for an offence under subsection (1) for other conduct of the person that takes place:
(a) at the same time as that conduct; or
(b) within 7 days before or after any of those occasions.
112.8 General defences
(1) It is not an offence against this Division to do any of the following:
(a) do a thing that an individual must do in order to comply with:
(i) an order of a court or other body exercising judicial power; or
(ii) a requirement, of a kind specified in subsection (2), under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;
(b) do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;
(c) perform an official duty or function for the Commonwealth, a State or a Territory;
(d) perform an official duty or function for the government of a foreign country or the government of part of a foreign country, if:
(i) the foreign country is not the country to which a state sponsor of terrorism belongs; and
(ii) that performance would not contravene any law of the Commonwealth, a State or a Territory if the performance occurred in Australia;
(e) perform an official duty or function for:
(i) the United Nations or an agency of the United Nations; or
(ii) the International Committee of the Red Cross;
(f) receive or obtain a service, or a payment of social security (however described), to which subsection (3) applies, or engage with a state sponsor of terrorism in relation to such a service or payment.
Note 1: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3)).
Note 2: For paragraph (d), an example of performing an official duty or function for the government of a foreign country is serving in the armed forces of a foreign country.
Note 3: For paragraph (f), an example of engaging, in relation to a service, is making a complaint about the service.
(2) For the purposes of subparagraph (1)(a)(ii), the following kinds of requirement are specified:
(a) a requirement to pay a tax, fee, fine or levy (however described);
(b) a requirement prescribed by the regulations for the purposes of this paragraph.
(3) For the purposes of paragraph (1)(f), this subsection applies to a service or a payment if the service or payment:
(a) is provided by a state sponsor of terrorism; and
(b) does not relate to support or facilitation of a state terrorist act; and
(c) could not reasonably be obtained from another person or body.
Division 113,Financing state terrorist act targeted at Australia
113.1 Financing state terrorist act targeted at Australia
(1) A person commits an offence if:
(a) the person provides or collects funds; and
(b) the person is reckless as to whether the funds will be used to facilitate or engage in a state terrorist act targeted at Australia; and
(c) if the person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Note: Intention is the fault element for the conduct described in paragraph (1)(a) (see subsection 5.6(1)).
Penalty: Imprisonment for life.
(2) A person commits an offence under subsection (1) even if:
(a) a state terrorist act targeted at Australia does not occur; or
(b) the funds will not be used to facilitate or engage in a specific state terrorist act targeted at Australia; or
(c) the funds will be used to facilitate or engage in more than one terrorist act.
(3) Strict liability applies to paragraph (1)(c).
113.2 Financing person involved in state terrorist act targeted at Australia
(1) A person commits an offence if:
(a) the person intentionally:
(i) makes funds available to another person (whether directly or indirectly); or
(ii) collects funds for, or on behalf of, another person (whether directly or indirectly); and
(b) the first‑mentioned person is reckless as to whether the other person will use the funds to facilitate or engage in a state terrorist act targeted at Australia; and
(c) if the first‑mentioned person is a foreign state entity or a member of a foreign state entity,the entity is a state sponsor of terrorism.
Penalty: Imprisonment for life.
(2) A person commits an offence under subsection (1) even if:
(a) a state terrorist act targeted at Australia does not occur; or
(b) the funds will not be used to facilitate or engage in a specific state terrorist act targeted at Australia; or
(c) the funds will be used to facilitate or engage in more than one terrorist act.
(3) Strict liability applies to paragraph (1)(c).
113.3 General defences
(1) It is not an offence against this Division to do any of the following:
(a) do a thing that an individual must do in order to comply with:
(i) an order of a court or other body exercising judicial power; or
(ii) a requirement, of a kind specified in subsection (2), under a law of a foreign country that is the country to which a state sponsor of terrorism belongs, or a law of a part of such a country;
(b) do a thing in accordance with an arrangement or agreement to which the Commonwealth is a party;
(c) perform an official duty or function for the Commonwealth, a State or a Territory;
(d) perform an official duty or function for the government of a foreign country or the government of part of a foreign country, if:
(i) the foreign country is not the country to which a state sponsor of terrorism belongs; and
(ii) that performance would not contravene any law of the Commonwealth, a State or a Territory if the performance occurred in Australia;
(e) perform an official duty or function for:
(i) the United Nations or an agency of the United Nations; or
(ii) the International Committee of the Red Cross;
(f) receive or obtain a service, or a payment of social security (however described), to which subsection (3) applies, or engage with a state sponsor of terrorism in relation to such a service or payment.
Note 1: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3)).
Note 2: For paragraph (d), an example of performing an official duty or function for the government of a foreign country is serving in the armed forces of a foreign country.
Note 3: For paragraph (f), an example of engaging, in relation to a service, is making a complaint about the service.
(2) For the purposes of subparagraph (1)(a)(ii), the following kinds of requirement are specified:
(a) a requirement to pay a tax, fee, fine or levy (however described);
(b) a requirement prescribed by the regulations for the purposes of this paragraph.
(3) For the purposes of paragraph (1)(f), this subsection applies to a service or a payment if the service or payment:
(a) is provided by a state sponsor of terrorism; and
(b) does not relate to support or facilitation of a state terrorist act; and
(c) could not reasonably be obtained from another person or body.
Division 114,General provisions relating to offences
114.1 How offences apply to foreign state entities
(1) Sections 12.2 to 12.6 apply in relation to an offence against Division 111, 112 or 113 as if a reference to a body corporate included a reference to a foreign state entity that is a person.
(2) A foreign state entity that is a person is taken to have committed an offence against Division 111, 112 or 113 if:
(a) a part of the entity is a state sponsor of terrorism; and
(b) that state sponsor of terrorism is not a person; and
(c) that state sponsor of terrorism would have committed the offence if it were a person.
114.2 Extended geographical jurisdiction for offences
Section 15.4 (extended geographical jurisdiction,category D) applies to an offence against Division 111, 112 or 113.
114.3 Alternative verdicts
(1) This section applies if, in a prosecution for an offence (the prosecuted offence) against a subsection of a section of Division 111, 112 or 113, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against another subsection of that section.
(2) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
114.4 Attorney‑General’s consent required
(1) Proceedings for an offence against Division 111, 112 or 113 must not be commenced without the Attorney‑General’s written consent.
(2) However, a person may be arrested, charged, remanded in custody or released on bail in connection with an offence against Division 111, 112 or 113 before the necessary consent has been given.
Schedule 2,Amendments of Part 5.3 of the Criminal Code
Part 1,Amendments of Part 5.3 of the Criminal Code
Criminal Code Act 1995
1 At the end of Subdivision A of Division 104 of the Criminal Code
Add:
104.1A State terrorist acts etc.
(1) A reference in this Division to a terrorist act (including a reference that is expressed as a reference to a terrorist act (within the meaning of section 100.1)) includes a reference to a state terrorist act.
(2) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.
(3) A reference in this Division to a terrorist organisation (including a reference that is expressed as a reference to a terrorist organisation (within the meaning of subsection 102.1(1))) or a listed terrorist organisation includes a reference to a state sponsor of terrorism.
2 After section 105.1 of the Criminal Code
Insert:
105.1A State terrorist acts
(1) A reference in this Division to a terrorist act includes a reference to a state terrorist act.
(2) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.
3 Subsection 105A.2(1) of the Criminal Code (definition of serious Part 5.3 offence)
Repeal the definition.
4 Subsection 105A.2(1) of the Criminal Code
Insert:
serious Part 5.3 or 5.3A offence means an offence against this Part or Part 5.3A, the maximum penalty for which is 7 or more years of imprisonment.
5 At the end of section 105A.2 of the Criminal Code
Add:
State terrorist acts etc.
(3) A reference in this Division to a terrorist act includes a reference to a state terrorist act.
(4) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.
(5) A reference in this Division to a terrorist organisation includes a reference to a state sponsor of terrorism.
6 Amendments of listed provisions,serious Part 5.3 or 5.3A offence
After “serious Part 5.3” (wherever occurring), insert “or 5.3A” in the following provisions:
(a) section 105A.1 of the Criminal Code;
(b) the definition of relevant expert in subsection 105A.2(1) of the Criminal Code:
(c) subparagraph 105A.3(1)(a)(ii) of the Criminal Code;
(d) paragraphs 105A.3A(4)(c) and (5)(f), 105A.6(4)(a) and (7)(a), (c), (d) and (g), 105A.6B(1)(c) and (i), 105A.7(1)(b) and 105A.7A(1)(b) of the Criminal Code;
(e) subsection 105A.7B(1) of the Criminal Code;
(f) paragraph 105A.9A(4)(d) of the Criminal Code;
(g) subsection 105A.9B(1A) of the Criminal Code;
(h) paragraphs 105A.9C(1)(a) and (b) and 105A.12A(1)(b) and (2)(b) of the Criminal Code;
(i) subsections 105A.12A(3) and (4) and 105A.18D(1) of the Criminal Code;
(j) paragraphs 105A.18D(3)(a) and (7)(a), (c), (d) and (g) of the Criminal Code.
Part 2,Consequential amendments
Crimes Act 1914
7 Section 3ZZJA
After “serious Part 5.3”, insert “or 5.3A”.
8 Section 3ZZJB (paragraph (b) of the definition of Part 5.3 object)
After “serious Part 5.3”, insert “or 5.3A”.
9 Section 3ZZJB (definition of serious Part 5.3 offence)
Repeal the definition.
10 Section 3ZZJB
Insert:
serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.
11 Paragraphs 3ZZOA(4)(b) and 3ZZOB(4)(b)
After “serious Part 5.3”, insert “or 5.3A”.
Surveillance Devices Act 2004
12 Subsection 6(1) (paragraph (b) of the definition of Part 5.3 object)
After “serious Part 5.3”, insert “or 5.3A”.
13 Subsection 6(1) (definition of serious Part 5.3 offence)
Repeal the definition.
14 Subsection 6(1)
Insert:
serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.
15 Paragraphs 14(3BA)(c), 16(4)(d), 27A(5A)(c) and 27C(4)(d)
After “serious Part 5.3”, insert “or 5.3A”.
Telecommunications (Interception and Access) Act 1979
16 Subsection 5(1) (paragraph (b) of the definition of Part 5.3 object)
After “serious Part 5.3”, insert “or 5.3A”.
17 Subsection 5(1) (definition of serious Part 5.3 offence)
Repeal the definition.
18 Subsection 5(1)
Insert:
serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.
19 Paragraphs 46(5)(ga) and (7)(f) and 46A(2B)(ga) and (2C)(f)
After “serious Part 5.3”, insert “or 5.3A”.
20 Paragraphs 60(5)(ga) and (6)(ga) of Schedule 1
After “serious Part 5.3”, insert “or 5.3A”.
Schedule 3,Other consequential amendments
AusCheck Act 2007
1 Paragraph 8(2)(d)
After “Part 5.3”, insert “, 5.3A”.
2 Subparagraph 8(2A)(i)(iv)
After “Part 5.3”, insert “, 5.3A”.
Australian Citizenship Act 2007
3 Section 3 (paragraph (cb) of the definition of national security offence)
After “Part 5.3”, insert “or 5.3A”.
4 After paragraph 36C(3)(f)
Insert:
(fa) a provision of Part 5.3A of the Criminal Code (state sponsors of terrorism), other than section 112.7;
Australian Crime Commission Act 2002
5 Subsection 4(1) (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
Australian Federal Police Act 1979
6 Subsection 4(1) (paragraph (d) of the definition of protective service offence)
After “Division 101”, insert “or 111”.
Australian Passports Act 2005
7 Paragraph 48A(4)(c)
After “Part 5.3”, insert “, 5.3A”.
Australian Security Intelligence Organisation Act 1979
8 Section 4 (paragraph (ba) of the definition of politically motivated violence)
state sponsor of terrorism has the same meaning as in the Criminal Code.
10 Section 4 (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
11 At the end of subparagraph 10(2)(a)(ii)
Add “or a state sponsor of terrorism”.
12 Subparagraph 10(2)(a)(iv)
Omit “or” (last occurring).
13 At the end of paragraph 10(2)(a)
Add:
(v) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code; or
14 At the end of paragraph 16(3)(b)
Add “or a state sponsor of terrorism”.
15 At the end of subsection 16(3)
Add:
; (e) preventing the provision of support or resources to an entity that would help the entity engage in an activity described in subparagraph 110.3(3)(b)(i) of the Criminal Code.
Crimes Act 1914
16 Subsection 3(1) (paragraph (b) of the definition of terrorism offence)
After “Part 5.3”, insert “, 5.3A”.
17 Subsection 3(1) (definition of terrorist act)
Repeal the definition, substitute:
terrorist act means:
(a) a terrorist act within the meaning of subsection 100.1(1) of the Criminal Code; or
(b) a state terrorist act within the meaning of the Criminal Code.
18 Subsection 3C(1) (paragraph (a) of the definition of serious terrorism offence)
(ea) an offence against Part 5.3A of the Criminal Code (state sponsors of terrorism); or
23 Paragraph 15AAA(1)(a)
Omit “1E”, substitute “1H”.
24 Section 16AAA (after table item 1E)
Insert:
1F
offence against a provision of Division 111 or 112 of the Criminal Code (other than an offence against subsection 112.7(1) or (2) of the Criminal Code)
6 years
1G
offence against subsection 112.7(1) or (2) of the Criminal Code
12 months
1H
offence against a provision of Division 113 of the Criminal Code
3 years
25 Subparagraphs 16AAC(2)(b)(i) and (3)(b)(i)
Omit “1E”, substitute “1H”.
Criminal Code Act 1995
26 After paragraph 5(2)(f)
Insert:
(fa) Subdivisions A and B of Division 110 (state sponsors of terrorism);
27 Subsection 71.23(1) of the Criminal Code (definition of Foreign Affairs Minister)
Repeal the definition.
28 Subsection 80.2C(3) of the Criminal Code (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
29 At the end of subsection 80.2E(3) of the Criminal Code
Add:
; (c) a symbol that:
(i) a state sponsor of terrorism uses; or
(ii) members (within the meaning of subsection 110.1(1)) of a state sponsor of terrorism use;
to identify the state sponsor of terrorism or any part of the state sponsor of terrorism;
(d) something that so nearly resembles a symbol to which paragraph (c) of this subsection applies that it is likely to be confused with, or mistaken for, that symbol.
30 At the end of section 80.2E of the Criminal Code
Add:
(4) Paragraphs (3)(c) and (d) do not apply to:
(a) the flag of a foreign country; or
(b) the flag of part of a foreign country.
31 At the end of paragraph 80.2HA(10)(f) of the Criminal Code
Add “or of a state sponsor of terrorism”.
32 Subparagraphs 83.3(4)(a)(i) and (ii) of the Criminal Code
After “organisation”, insert “or entity”.
33 Paragraph 83.3(4)(b) of the Criminal Code
Repeal the paragraph, substitute:
(b) the organisation or entity is a prescribed organisation within the meaning of Part 5.5 (see section 117.1).
34 Subsection 117.1(1) of the Criminal Code (definition of Foreign Affairs Minister)
Repeal the definition.
35 Subsection 117.1(1) of the Criminal Code (at the end of the definition of prescribed organisation)
Add:
; or (c) a state sponsor of terrorism.
36 Paragraphs 117.1(2)(b) and (c) of the Criminal Code
Repeal the paragraphs, substitute:
(b) the engagement, in Australia or a foreign country allied or associated with Australia, in action that:
(i) falls within subsection 100.1(2) but does not fall within subsection 100.1(3); or
(ii) falls with subsection 110.1(2) but does not fall within subsection 110.1(3); or
(c) a terrorist act (within the meaning of the Crimes Act 1914); or
37 Paragraph 119.1(5)(a) of the Criminal Code
After “organisation”, insert “or entity”.
38 Paragraph 119.1(5)(b) of the Criminal Code
After “organisation” (first occurring), insert “or entity”.
39 Paragraph 119.2(5)(a) of the Criminal Code
After “organisation”, insert “or entity”.
40 Paragraph 119.2(5)(b) of the Criminal Code
After “organisation” (first occurring), insert “or entity”.
41 Subsection 474.32(6) of the Criminal Code (definition of terrorist act)
Repeal the definition, substitute:
terrorist act means:
(a) a terrorist act within the meaning of section 100.1 (disregarding paragraphs 100.1(2)(b), (d), (e) and (f)); or
(b) a terrorist act within the meaning of section 110.1 (disregarding paragraphs 110.1(2)(b), (d), (e) and (f)) that is a state terrorist act.
42 At the end of subsection 474.45A(2) of the Criminal Code
Add “or 110.1(2)”.
43 Dictionary in the Criminal Code
Insert:
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
state sponsor of terrorism has the meaning given by subsection 110.3(1).
state terrorist act has the meaning given by section 111.1.
Customs Act 1901
44 Subsection 4(1)
Insert:
terrorist act has the same meaning as in the Crimes Act 1914.
45 Subsection 183UA(1) (definition of terrorist act)
Repeal the definition.
46 Subsection 228(7)
Repeal the subsection.
Foreign Evidence Act 1994
47 Subsection 3(1) (after paragraph (e) of the definition of designated offence)
(ea) an offence against Part 5.3A of the Criminal Code (state sponsors of terrorism); or
Foreign States Immunities Act 1985
48 Subsection 3(1)
Insert:
state terrorism means:
(a) a state terrorist act (within the meaning of the Criminal Code); or
(b) a state sponsor of terrorism (within the meaning of the Criminal Code); or
(c) a member (within the meaning of subsection 110.1(1) of the Criminal Code) of a state sponsor of terrorism.
49 After section 13
Insert:
13A State terrorism
A foreign state is not immune in a proceeding in so far as the proceeding concerns state terrorism.
50 After section 33
Insert:
33A Execution in so far as proceeding etc. concerns state terrorism
Section 30 does not apply in relation to:
(a) a judgment or order in a proceeding in so far as the proceeding concerns state terrorism; or
(b) an arbitration award in so far as the arbitration concerns state terrorism; or
(c) the arrest, detention or sale of the property in Admiralty proceedings in so far as the proceedings concern state terrorism.
51 Application of amendments
(1) Section 13A of the Foreign States Immunities Act 1985 applies in relation to a proceeding to the extent the proceeding relates to an act or omission that occurs on or after the commencement of this item.
(2) Section 33A of the Foreign States Immunities Act 1985 applies in relation to:
(a) a judgment that is made, or an order that is given, on or after the commencement of this item; or
(b) an arbitration award that is made on or after the commencement of this item; or
(c) the arrest, detention or sale of the property in Admiralty proceedings if the arrest, detention or sale occurs on or after the commencement of this item.
Intelligence Services Act 2001
52 Subsection 3(1)
Insert:
involved, with a listed terrorist organisation or a state sponsor of terrorism, has a meaning affected by subsection 9(1AAB).
53 Subsection 3(1) (definition of involved with a listed terrorist organisation)
Repeal the definition.
54 Subsection 3(1)
Insert:
state sponsor of terrorism has the same meaning as in the Criminal Code.
55 At the end of subsection 9(1AAA) (before the note)
Add “or a state sponsor of terrorism”.
56 Subsection 9(1AAB)
After “listed terrorist organisation” (wherever occurring), insert “or state sponsor of terrorism”.
57 Paragraphs 9(1AAB)(a), (b) and (c)
Omit “organisation”, substitute “listed terrorist organisation or state sponsor of terrorism”.
58 Paragraph 9(1AAB)(d)
Repeal the paragraph, substitute:
(d) is:
(i) a member (within the meaning of subsection 102.1(1) of the Criminal Code) of the listed terrorist organisation; or
(ii) a member (within the meaning of subsection 110.1(1) of the Criminal Code) of the state sponsor of terrorism; or
59 Paragraphs 9(1AAB)(e) and (f)
Omit “organisation”, substitute “listed terrorist organisation or state sponsor of terrorism”.
60 Subparagraph 9(1AA)(a)(ii)
After “listed terrorist organisation”, insert “or state sponsor of terrorism”.
61 Subparagraph 29(1)(be)(i)
After “Part 5.3”, insert “or 5.3A”.
Legislation (Exemptions and Other Matters) Regulation 2015
62 Section 12 (after table item 18C)
Insert:
18D
A regulation made solely for the purposes of the definition of state sponsor of terrorism in subsection 110.3(1) of the Criminal Code
Maritime Powers Act 2013
63 Section 8 (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
Maritime Transport and Offshore Facilities Security Act 2003
64 Paragraph 3(4)(b)
Omit “attack”, substitute “acts”.
65 Section 10 (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
National Radioactive Waste Management Act 2012
66 Paragraph 4A(3)(c)
Omit “section 100.1 of the Criminal Code”, substitute “the Crimes Act 1914”.
Social Security Act 1991
67 Subsection 23(1) (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
Surveillance Devices Act 2004
68 Subsection 6(1) (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
69 Subparagraphs 30(1)(a)(viii) and (1A)(a)(iv)
After “103,”, insert “111, 112, 113,”.
Telecommunications (Interception and Access) Act 1979
70 Subsection 5(1) (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
71 After subparagraph 5D(1)(e)(va)
Insert:
(vb) Division 111 of the Criminal Code (state terrorist acts etc.); or
(vc) Division 112 of the Criminal Code (dealings with state sponsor of terrorism); or
(vd) Division 113 of the Criminal Code (financing state terrorist act targeted at Australia); or
Terrorism and Cyclone Insurance Act 2003
72 Section 3 (definition of terrorist act)
Repeal the definition, substitute:
terrorist act has the same meaning as in the Crimes Act 1914.
73 Paragraph 8(2)(b)
Omit “section 100.1 of the Criminal Code”, substitute “the Crimes Act 1914”.
Schedule 4,Other amendments
Crimes Act 1914
1 Paragraph 15AAA(1)(a)
Omit “1A”, substitute “1AA”.
2 Section 16AAA (before table item 1A)
Insert:
1AA
offence against subsection 80.2BE(1) or (2) of the Criminal Code
12 months
3 Section 16AAA (table item 1F)
Repeal the item.
4 Subparagraphs 16AAC(2)(b)(i) and (3)(b)(i)
Omit “1A”, substitute “1AA”.
Criminal Code Act 1995
5 Paragraph 80.2E(3)(a) of the Criminal Code
After “members”, insert “(within the meaning of subsection 102.1(1))”.
6 At the end of paragraph 80.2E(3)(a) of the Criminal Code